Chicago, Milwaukee & St. Paul Railroad v. Dumser
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Kane county; the Hon. C. W. Upton, Judge, presiding. This action was commenced by Margaret Dumser, before a justice of the peace, against the Chicago, Milwaukee and St. Paul Railroad Company, to recover the value of a cow killed by the cars or engine on defendant’s road.
Read the full summary
Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Kane county; the Hon. C. W. Upton, Judge, presiding. This action was commenced by Margaret Dumser, before a justice of the peace, against the Chicago, Milwaukee and St. Paul Railroad Company, to recover the value of a cow killed by the cars or engine on defendant’s road. On the trial before the justice of the peace plaintiff recovered a judgment against defendant. On the appeal of defendant a trial de novo was had in the circuit court, where plaintiff again recovered a judgment.…
1Opinion of the CourtJustice Scott
No negligence is imputed to defendant in respect to the accident that resulted in injury to plaintiff’s property, unless it was the omission to fence its track at the point where the animal was killed. Section 1 of the act of 1874, in relation to “fencing and operating railroads, ” as amended by the act of 1879, makes it the duty of every railway company, within six months after any part of its line is open for use, to erect, and thereafter maintain, fences on both sides of its road, or so much thereof as is open for use, suitable and sufficient to prevent the ordinary farm stock from getting…
2Cases cited8 opinions
- People Ex Rel. Westchester Fire Insurance v. DavenportNew York Court of Appeals · 1883
- Newell v. People Ex Rel. PhelpsNew York Court of Appeals · 1852
- Flint & Pere Marquette Railway Co. v. LullMichigan Supreme Court · 1874
- Indianapolis & Cincinnati Railroad v. KinneyIndiana Supreme Court · 1857
- Lafayette & Indianapolis Railroad v. ShrinerIndiana Supreme Court · 1855
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Railroad v. CriderTennessee Supreme Court · 1892
- Chicago, Burlington & Quincy Railroad v. HansIllinois Supreme Court · 1884
- Ottawa Gas Light & Coke Co. v. DowneyIllinois Supreme Court · 1889
- People v. DanielsAppellate Court of Illinois · 1990
- People's Gas Light & Coke Co. v. HaleAppellate Court of Illinois · 1901
6 more not listed; retrieve them via the Exa API.